The Commission's green paper refers a lot to the Resolution of the European Parliament, which you can read here.
The green paper is reasonably readable and not too long. Please reply here for general issues.
As I noted, the test of admissibility is rather expansive. Nonetheless there isn't anything in the treaties that says the Commission would be obliged to adopt an initiative. There is also nothing saying it isn't obliged.
From the wording of the green paper, I'd say the Commission doesn't see itself as obliged to adopt an admisible initiative - it only sees itself as required to give a reasoned response.
Making these binding would force everybody to take notice. In the long run, we're all dead. John Maynard Keynes
Union legislative acts may only be adopted on the basis of a Commission proposal, except where the Treaties provide otherwise.
A text by democracy international (pdf) (google viewer) states the following:
It is imperative that the legal nature of the ECI is initially defined. The ECI allows citizens to ask (or "invite") the Commission to start a legislative process. This wording leaves open the legal nature of the ECI. It has already created some confusion among analysts of ECI regarding the role of the European Commission. It is quite clear that the ECI is non-binding for the Commission in the sense that it has to submit the ECI proposal unchanged to the Parliament and the Council. This would not be in line with the Commission's monopoly of legislative initiative and the wording of Art. 11 (4). However according to the majority view of European law experts and the "effet utile" of the ECI, it has a binding nature for the Commission in the sense that it has to take some legislative action on the topic proposed by the ECI. The precondition is that the ECI is declared admissible.
It is quite clear that the ECI is non-binding for the Commission in the sense that it has to submit the ECI proposal unchanged to the Parliament and the Council. This would not be in line with the Commission's monopoly of legislative initiative and the wording of Art. 11 (4). However according to the majority view of European law experts and the "effet utile" of the ECI, it has a binding nature for the Commission in the sense that it has to take some legislative action on the topic proposed by the ECI. The precondition is that the ECI is declared admissible.
I agree with pushing for an obligation of the Commission to initiate legislation on the topic of the initiative and in the sense of the initiative.
It is quite clear that the ECI is non-binding for the Commission in the sense that it has to submit the ECI proposal unchanged to the Parliament and the Council.The text goes on to draw an analogy to the indirect right of initiative of the European Parliament and the Council under the old EC Treaties, which could be used as precedents for the degree to which the Commission would be restricted.
It is quite clear that the ECI is non-binding for the Commission in the sense that it has to submit the ECI proposal unchanged to the Parliament and the Council.
I checked the link: Texts adopted - Thursday, 7 May 2009 - Implementation of the citizens' initiative - P6_TA-PROV(2009)0389
6. The second stage of the citizen's initiative covers the collecting of individual statements of support for the successfully registered initiative and official confirmation by the Member States of the result of the collection of individual statements of support. Its main features are as follows: (a) The Member States make provision for an effective procedure for the collection of lawful statements of support for a citizens" initiative and for official confirmation of the result of that collection. (b) A statement of support is lawful if is declared within the period for collecting statements of support in accordance with the relevant legal provisions of the Member State in question and of EU law. The period for collecting statements of support is one year. It begins on the first day of the third month following the decision on registration of the citizens" initiative. (c) All supporting persons must individually state their support, as a rule by means of a personal signature provided in writing or, if appropriate, electronically. The statement must as a minimum show the name, date of birth, home address and nationality of the supporting person. People who have more than one nationality shall indicate only one, which they choose freely. The personal data is subject to data protection requirements, for which the citizens" initiative's organisers are held accountable. (d) Support for a citizens" initiative may be stated only once. Every statement of support contains a separate solemn declaration by the supporting person that they have not previously stated their support for the same citizens" initiative. (e) Any statement of support may be withdrawn before the period for the collection of statements of support expires. The supporting statement is then considered not to have been made. The organisers must inform every supporting person of this option. Every statement of support by the supporting person must contain a separate declaration that they have been informed of this option. (f) Every supporting person receives a copy of their statement of support from the organisers together with a copy of their solemn declaration and their declaration that they have taken note of the withdrawal option. (g) Within two months and after verifying the details of the statements of support, the Member States shall provide the organisers of citizens" initiatives with official confirmation of the number of lawful statements of support, listed by nationality of the supporting persons. They shall take appropriate steps to ensure that every statement of support is confirmed only once by one of the Member States and that multiple confirmations by different Member States or different agencies of the same Member State are effectively prevented. The personal data is subject to data protection requirements, for which the relevant authorities of the Member States are held accountable.
6. The second stage of the citizen's initiative covers the collecting of individual statements of support for the successfully registered initiative and official confirmation by the Member States of the result of the collection of individual statements of support. Its main features are as follows:
(a) The Member States make provision for an effective procedure for the collection of lawful statements of support for a citizens" initiative and for official confirmation of the result of that collection.
(b) A statement of support is lawful if is declared within the period for collecting statements of support in accordance with the relevant legal provisions of the Member State in question and of EU law. The period for collecting statements of support is one year. It begins on the first day of the third month following the decision on registration of the citizens" initiative.
(c) All supporting persons must individually state their support, as a rule by means of a personal signature provided in writing or, if appropriate, electronically. The statement must as a minimum show the name, date of birth, home address and nationality of the supporting person. People who have more than one nationality shall indicate only one, which they choose freely.
The personal data is subject to data protection requirements, for which the citizens" initiative's organisers are held accountable.
(d) Support for a citizens" initiative may be stated only once. Every statement of support contains a separate solemn declaration by the supporting person that they have not previously stated their support for the same citizens" initiative.
(e) Any statement of support may be withdrawn before the period for the collection of statements of support expires. The supporting statement is then considered not to have been made. The organisers must inform every supporting person of this option. Every statement of support by the supporting person must contain a separate declaration that they have been informed of this option.
(f) Every supporting person receives a copy of their statement of support from the organisers together with a copy of their solemn declaration and their declaration that they have taken note of the withdrawal option.
(g) Within two months and after verifying the details of the statements of support, the Member States shall provide the organisers of citizens" initiatives with official confirmation of the number of lawful statements of support, listed by nationality of the supporting persons. They shall take appropriate steps to ensure that every statement of support is confirmed only once by one of the Member States and that multiple confirmations by different Member States or different agencies of the same Member State are effectively prevented.
The personal data is subject to data protection requirements, for which the relevant authorities of the Member States are held accountable.
Signatures are dealt with under (5). General information is in part dealt with under the requirements for transparency, in part in the requirements for wording. The registration would be online (the Commission proposes as much). Online signatures are a question the Commission also poses.
Citizens' initiative Jacek Protasiewicz (EPP, PL) asked Ms Reding how she intends to make the new right of citizens' initiative work. She replied that the conditions under which this initiative can operate would first have to be "clarified". For example, a citizens' initiative to introduce the death penalty would be precluded, because it would run counter to EU values.
Jacek Protasiewicz (EPP, PL) asked Ms Reding how she intends to make the new right of citizens' initiative work. She replied that the conditions under which this initiative can operate would first have to be "clarified". For example, a citizens' initiative to introduce the death penalty would be precluded, because it would run counter to EU values.
The minimum Commission response to an ECI should therefore be a formal discussion, vote and decision to reject/amend/adopt and with a reasoned opinion as to why it was accepted/amended/rejected. E.g. a proposal to outlaw abortion is rejected because it is incompatible with the Charter for Fundamental rights section xyz. notes from no w here
